| 1 | 1 | | 87R8286 AJZ-F |
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| 2 | 2 | | By: Hinojosa H.B. No. 3421 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to grand jury proceedings. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article 20A.102(a), Code of Criminal Procedure, |
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| 10 | 10 | | is amended to read as follows: |
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| 11 | 11 | | (a) While the grand jury is conducting proceedings, only the |
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| 12 | 12 | | following persons may be present in the grand jury room: |
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| 13 | 13 | | (1) a grand juror; |
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| 14 | 14 | | (2) a bailiff; |
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| 15 | 15 | | (3) the attorney representing the state; |
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| 16 | 16 | | (4) an attorney representing the accused or suspected |
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| 17 | 17 | | person, if requested by the grand jury; |
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| 18 | 18 | | (5) a witness: |
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| 19 | 19 | | (A) while the witness is being examined; or |
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| 20 | 20 | | (B) when the witness's presence is necessary to |
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| 21 | 21 | | assist the attorney representing the state in examining another |
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| 22 | 22 | | witness or presenting evidence to the grand jury; |
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| 23 | 23 | | (6) [(5)] an interpreter, if necessary; |
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| 24 | 24 | | (7) [(6)] a stenographer or a person operating an |
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| 25 | 25 | | electronic recording device, as provided by Article 20A.201; and |
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| 26 | 26 | | (8) [(7)] a person operating a video teleconferencing |
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| 27 | 27 | | system for use under Article 20A.259. |
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| 28 | 28 | | SECTION 2. Article 20A.104, Code of Criminal Procedure, is |
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| 29 | 29 | | amended to read as follows: |
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| 30 | 30 | | Art. 20A.104. PERSONS WHO MAY ADDRESS GRAND JURY. No person |
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| 31 | 31 | | may address the grand jury about a matter before the grand jury |
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| 32 | 32 | | other than: |
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| 33 | 33 | | (1) the attorney representing the state; |
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| 34 | 34 | | (2) an attorney representing the accused or suspected |
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| 35 | 35 | | person, solely for the purpose of making a presentation and |
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| 36 | 36 | | answering questions, as provided by Article 20A.1031; |
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| 37 | 37 | | (3) [,]a witness; [,] or |
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| 38 | 38 | | (4) the accused or suspected person or an [the] |
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| 39 | 39 | | attorney representing [for] the accused or suspected person if |
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| 40 | 40 | | approved by the attorney representing the state. |
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| 41 | 41 | | SECTION 3. Subchapter C, Chapter 20A, Code of Criminal |
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| 42 | 42 | | Procedure, is amended by adding Article 20A.1031 to read as |
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| 43 | 43 | | follows: |
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| 44 | 44 | | Art. 20A.1031. ATTORNEY REPRESENTING ACCUSED OR SUSPECTED |
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| 45 | 45 | | PERSON ENTITLED TO APPEAR. (a) The grand jury may request that an |
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| 46 | 46 | | attorney representing an accused or suspected person appear before |
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| 47 | 47 | | the grand jury. |
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| 48 | 48 | | (b) On the request of the grand jury under Subsection (a), |
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| 49 | 49 | | an attorney representing an accused or suspected person is entitled |
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| 50 | 50 | | to appear before the grand jury solely for the purpose of making a |
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| 51 | 51 | | presentation on behalf of the accused or suspected person and |
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| 52 | 52 | | answering questions from the grand jurors. |
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| 53 | 53 | | SECTION 4. The changes in law made by this Act apply only to |
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| 54 | 54 | | a grand jury proceeding that begins on or after the effective date |
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| 55 | 55 | | of this Act. A grand jury proceeding that begins before the |
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| 56 | 56 | | effective date of this Act is governed by the law in effect on the |
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| 57 | 57 | | date the proceeding began, and the former law is continued in effect |
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| 58 | 58 | | for that purpose. |
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| 59 | 59 | | SECTION 5. This Act takes effect September 1, 2021. |
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